Order reversed, without costs, and matter remitted to respondent for fixation of maximum rent consistent with the views hereinafter set forth.
Respondent's action was improper, arbitrary and capricious. For fifteen years prior to February, 1954, the apartment in question, the only five-room unit in the building, had been occupied by a superintendent, and no emergency rent had been fixed therefor. In that month, appellant leased said apartment for a term of two years...
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